Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:34352 CRL.P No. 11515 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11515 OF 2025
BETWEEN:
VIKAS S.
S/O. SWAMI, AGED ABOUT 24 YEARS, OCC: SYAMIYANA BUSINESS, R/O. #183, 1ST MAIN, 1ST CROSS, NEAR KHADI KENDRA, CHIKKANAHALLI BADAVANE, NITTUVALLI, DAVANAGERE-577 002. …PETITIONER
(BY SRI. SREEHARSHA A.K., ADVOCATE)
AND:
THE STATE OF KARNATAKA REP THROUGH PSI, VIDYANAGAR POLICE STATION.
BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.150/2025 OF VIDYANAGARA P.S., FILED BY THE RESPONDENT PSI PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:34352 CRL.P No. 11515 of 2025
DAVANAGERE, FOR THE OFFENCES PUNISHABLE U/S 88(c), 20(ii)(B) AND 25 OF NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, 1985.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Heard both sides and perused the material on record.
2. Petitioner is the sole accused in Crime No.150/2025 of Vidyanagar Police Station, Davanagere, registered for the offence punishable under Section 8(c), 22(ii)(b) and 25 of NDPS Act, 1985.
3. This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioner on bail.
4. It is the case of prosecution that on 11.07.2025 at about 4.00 p.m., PSI of Vidyanagar Police Station received a credible information that one person has been selling ganja to the public at SOG Colony near S.S. Hitech Hospital. He passed on the said information to his higher officier and after obtaining permission, secured two
- 3 -
HC-KAR NC: 2025:KHC:34352 CRL.P No. 11515 of 2025
panchas and along with his staff and panchas went to the spot and apprehended the petitioner. From his possession a bag containing 1 kg 162 grams of ganja valued at Rs.75,000/- was seized.
5. Learned High Court Government Pleader contended that the investigation is in progress and in view of seizure of ganja from the petitioner, there is a prima facie case against him and therefore, if he is released on bail, he may flee from justice and commit similar offence.
6. As per mahazar, ganja which was concealed in the handbag included flower, bud, stem, leaves etc. The weight of ganja including the bag is 1 kg 140 grams. It is not forthcoming as to what is the exact quantity of ganja seized in the present case, excluding the stem, seeds leaves etc. Even otherwise, the ganja seized in this case is not a commercial quantity. Petitioner has no criminal antecedents. He is arrested and interrogated and not required for further interrogation. He is said to be a permanent resident of Chikkanahalli, Davanagere. He has
- 4 -
HC-KAR NC: 2025:KHC:34352 CRL.P No. 11515 of 2025
undertaken to furnish sufficient surety to ensure his presence before the trial Court and to abide by conditions. Hence, the following:
ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.150/2025 of Vidyanagar Police Station, shall be enlarged on bail, subject to following conditions:
1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.
3. He shall mark his attendance at Vidyanagar Police Station on every Saturday between 11.00 a.m. and 1.00 p.m., till conclusion of investigation.
- 5 -
HC-KAR NC: 2025:KHC:34352 CRL.P No. 11515 of 2025
4. He shall not directly or indirectly tamper with the prosecution witnesses.
5. He shall not indulge himself in committing any offence.
6. He shall appear before the trial Court on every date of hearing without fail.
Violation of any of the above condition shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 41